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At Farmer & Morris Law, PLLC, our Greer Social Security Disability lawyers in Spartanburg County specifically focus their efforts on guiding Social Security Disability claimants through this complicated claims process.
Navigating your way through the Social Security Disability claims process can be very difficult, especially when you have a physical or mental condition that makes it hard to just get through the day. That is why we are here. As Social Security Disability lawyers, we bring knowledge and experience when handling your claim so that you can focus on your health and daily needs.
If a physical or mental condition disables you and you are no longer able to work, we can help you navigate the Social Security Disability benefits process.
Different Types of Social Security Disability Benefits Programs
The Social Security Administration offers two different types of disability benefits programs. These programs have separate eligibility requirements. However, if you qualify for both programs, you may be able to file for both SSD benefits programs concurrently, provided you understand that you cannot receive more than 80 percent of your average weekly earnings, per SSA guidelines.
Social Security Disability Insurance (SSDI)
Social Security Disability Insurance (SSDI) is a disability benefits program for individuals who have earned enough work credits to receive benefits. Eligibility requirements for SSDI benefits include:
- You must have a permanent disability as defined by the SSA’s Listing of Impairments.
- You must have earned at least 40 Social Security credits during your employment if you’re applying to retire. Younger age groups have different credit requirements, which are detailed on the SSA’s website.
- You must have worked in jobs that were covered by Social Security or contributed to Social Security.
- Your disability must be severe enough to prevent you from doing your previous work or any other type of work.
Because SSDI benefits rely on the amount of earnings you contributed to Social Security, which then translates into work credits, not all workers may qualify. An SSD benefits lawyer from Farmer & Morris Law, PLLC, can review your work history to see if you are eligible for SSDI benefits or if you should apply for SSI benefits instead.
Supplemental Security Income (SSI)
Supplemental Security Income (SSI) is a separate disability benefits program for those who do not qualify for SSDI benefits due to limited income or resources.
Eligibility requirements are similar to SSDI benefits regarding your disability in that you must have a permanent disability that prevents you from being able to work. However, other requirements include:
- You must be 65 years or older, blind, or disabled.
- You must have limited income as defined by the SSA and resources (no more than $2000 for individuals and $3000 for couples).
- You must be a U.S. citizen or have qualifying alien status.
Additional requirements vary on your personal factors. For example, if you are a disabled student attending university and make limited income, your earnings may be excluded up to a certain limit. The SSA bases income exclusion amounts off of costs of living, which change annually. For 2022, these amounts can range from $2,040 to $8,230 for qualifying students.
How a Social Security Disability Lawyer Can Help You Apply for Benefits
If you decide to work with a Greer Social Security Disability lawyer, they can help you with your claim by:
- Reviewing your medical records to determine whether your disability meets the SSA’s standards for qualifying conditions
- Filling out your disability claim on your behalf
- Correcting any errors on your claim if you filled it out yourself or already applied and was denied
- Calculating your work credits if you are applying for SSDI benefits
- Calculating your qualifying income if you are applying for SSI benefits
- Determining whether you can apply for multiple benefits programs
- Collecting evidence that can prove the severity of your disability or your employment history
If your SSD benefits claim was denied, you can work with a lawyer at Farmer & Morris Law, PLLC, to appeal this decision. Our lawyers can review and revise your claim before serving as your representative during the appeals process.
Can You Pursue Other Compensation When Applying for SSD Benefits?
In some cases, individuals may be able to pursue workers’ compensation while applying for SSD benefits. However, as mentioned, your total earnings must not exceed 80 percent of your average weekly earnings. So, you may want to assess whether it is worth pursuing other compensation in case it might affect your disability benefits long term.
Navigating the Appeals Process If Your SSD Benefits Claim Was Denied
If your SSD benefits claim was denied, our disability lawyers can help you navigate the appeals process. This process has four separate stages that allow appellants to contest a denial on their claim, though it is not required that you go through all four stages to appeal your claim. These stages are:
- Reconsideration, which involves having your claim reviewed by a different SSA official
- Administrative Law Judge (ALJ) hearing, which involves having your claim reviewed by an ALJ
- Appeals Council, which involves having your claim reviewed by the Appeals Council, who decides whether the previous ALJ should review the claim again
- Federal Court, which involves having your claim reviewed by a federal district court official and serves as the final stage of the appeals process
Your lawyer can serve as your representative through each hearing and present your case on your behalf.
Our Greer Social Security Disability Lawyers Can Manage Your Case
Attorney Andrea G. Farmer is a Board-Certified Specialist in Social Security Disability law by the North Carolina State Bar. She has been practicing Social Security Disability law in North Carolina and South Carolina for 12 years and now practices disability law almost exclusively. Andrea has helped hundreds of Social Security Disability clients obtain benefits they deserved, with benefits obtained totaling millions of dollars for all clients.
Attorney Hannah M. Davies had a number of years of experience as a disability paralegal before attending law school. After law school, she clerked for a United States District Court judge, assisting him with his disability cases. Rejoining the firm after law school and her judicial clerkship, Hannah brings to her practice the experience of different perspectives in the Social Security Disability process.
If you or a loved one wants to apply for Social Security Disability benefits, you can call Farmer & Morris Law, PLLC, at (828) 286-3866 to hire one of our attorneys to work on your case. A Greer Social Security Disability lawyer can review your claim and petition for disability benefits on your behalf.
